Deletes all provisions of GS 20-137.3 (unlawful use of a mobile phone by persons under 18 years of age) and replaces, with the following new GS 20-137.3 (unlawful use of a mobile phone) provisions. Makes it unlawful to operate a motor vehicle or a school bus on a public street or highway or public vehicular area while using a mobile telephone or any additional technology associated with a mobile phone while the vehicle or school bus is in motion. Excepts from the ban on mobile telephone use the use of hands-free technology by a motor vehicle operator. Also excepts from the ban on mobile telephone use communications by a motor vehicle or school bus operator during emergency situations to an emergency response operator, ambulatory service, fire department, or law enforcement agency, or communications where the operator uses either hand to activate, deactivate, initiate, or terminate a mobile telephone call. Allows use of a mobile telephone or associated technology when the vehicle or school bus is stationary.
Defines mobile telephone as a device used by subscribers and other users of wireless telephone service to access the service; the term includes (1) a device with which a user makes a call using at least one hand and (2) a device with an internal feature or function or an attachment or addition, whether or not permanently part of the mobile telephone, that allows the user to make a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a telephone function. Also defines additional technology, emergency situation, school bus, and wireless telephone service.
Makes violations, when operating a motor vehicle other than a school bus, an infraction and imposes a $100 fine. Makes violations, when operating a school bus, a Class 2 misdemeanor and imposes a fine of not less than $100. Assesses no driver’s license points or insurance surcharge for violations of the statute. Provides that failure to comply with the statute does not constitute negligence per se or contributory negligence. Repeals GS 20-137.4 (pertaining to unlawful use of a mobile phone). Repeals GS 20-137.4A (pertaining to unlawful use of mobile telephone for text messaging or electronic mail). Effective December 1, 2011, and applies to offenses committed on or after that date.
The Daily Bulletin: 2011-02-07
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The Daily Bulletin: 2011-02-07
| Intro. by Pierce. | GS 20 |
Enacts new Part 8 in Article 9 of GS Chapter 130A, titled Risk-Based Environmental Remediation of Industrial Sites, to authorize the Department of Environment and Natural Resources (DENR) to approve the remediation of contaminated industrial sites based on site-specific remediation standards in circumstances where the standards are adequate to protect public health, safety, and welfare, and the environment, and are consistent with protection of current and anticipated future use of groundwater and surface water affected or potentially affected by the contamination. Enacts new GS 130A-310.65 to define 12 terms, as used in Part 8. Enacts new GS 130A-310.67 to provide that proposed Part 8 applies to remediation under the following programs and requirements, to the extent specified: (1) the Inactive Hazardous Sites Response Act of 1987; (2) the state hazardous waste management program administered pursuant to the federal Resource Conservation and Recovery Act of 1976; (3) the solid waste management program regulated under Article 9 of GS Chapter 130A; (4) the federal Superfund program administered in part by the state pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and the Superfund Amendments and Reauthorization Act of 1986 and related state law; (5) the groundwater protection corrective action requirements adopted by the Environmental Management Commission (Commission) pursuant to Article 21 of GS Chapter 143; and (6) the Oil Pollution and Hazardous Substances Control Act of 1978, Parts 1 and 2 of Article 21A of GS Chapter 143. Provides that Part 8 does not apply to remediation under the following programs or requirements: (1) the Leaking Petroleum Underground Storage Tank Cleanup program under Part 2A of Article 21A of GS Chapter 143 and promulgated rules; (2) the Dry-Cleaning Solvent Cleanup program under Part 6 of Article 21A of GS Chapter 143 and promulgated rules; or (3) the pre-1983 landfill assessment and remediation program established under GS 130A-310.6(c) through (g). Specifies that Part 8 only applies to sites where a discharge, spill, or release of contamination was reported to DENR before March 1, 2011.
Enacts new GS 130A-310.68 to require that any person who proposes to or is required to respond to the release of a contaminant at a site, must attain compliance with one of the following standards: (1) the unrestricted use standards applicable to each affected media, (2) the background standard, if that standard exceeds unrestricted use standards, (3) a site-specific remediation standard developed in accordance with proposed GS 130A-310.68(b) that is approved by DENR, or (4) any combination of remediation standards approved by DENR. Provides that site-specific remediation standards developed for each medium must achieve remediation that eliminates or reduces to protective levels any substantial present or probable future risk to human health, including sensitive subgroups, and the environment based upon the present or currently planned future use of the property. Details requirements for site-specific remediation standards as follows: (1) ambient air; (2) surface waters; (3) groundwater in relation to current and probable future use; (4) facility permits for any site covered by Part 8 will contain conditions to avoid exceeding applicable groundwater standards adopted by the Commission; (5) soil in relation to continuing groundwater contamination; (6) soil in relation to residential property, with exceptions for mixed-use developments and property with preexisting structures; (7) potential human inhalation of contaminants; (8) potential human ingestion of contaminants; (9) known or suspected carcinogens; and (10) systemic toxicants. Requires the site-specific remediation standards for each medium to be adequate to avoid foreseeable adverse effects to other media or the environment that are inconsistent with a risk-based approach.
Enacts new GS 130A-310.69 to require a person who proposes to conduct remediation to submit a remedial investigation report to DENR before submitting a remedial action plan. Requires the investigation to assess all contaminated areas of the site, including types and risk levels, and details a list of items for inclusion in the report. Requires a remedial action plan, developed and submitted to DENR, to provide for the protection of public health, safety, and welfare, and the environment. Sets forth specific criteria and information to be included in the plan, including an analysis of long-term risks and effectiveness of the proposed remediation, proof of financial assurance, toxicity, mobility or volume of contaminants, short-term risks and effectiveness of the remediation, and the ease or difficultly of implementing the remedial action plan.
Enacts new GS 130A-310.70 to require a person who proposes to remediate a site to also send a notice of intent to remediate, with specified information, to all local governments having taxing or land-use jurisdiction over the site, and to all adjoining landowners. Directs the person to submit to DENR a copy of the notice of intent, a certification that the notice was provided, and copies of all information and comments received in response.
Enacts new GS 130A-310.71 to require DENR to review and approve or disapprove a remedial action plan within 120 days after a complete plan has been submitted for review. Lists issues to be considered by DENR when reviewing a plan, and allows DENR to ask for additional information. Places the burden of demonstrating that contamination from the site will not likely migrate in the reasonably foreseeable future, and that the remedial action plan protects public health, safety, and welfare, and the environment, on the person who proposes the plan. Allows for review of a disapproved plan as provided in Article 3 of GS Chapter 150B. If DENR fails to approve or disapprove a proposed remedial action plan within 120 days after a complete plan has been submitted, then the person who submitted the plan may treat the plan as disapproved.
Enacts new GS 130A-310.72 to require the person conducting remediation under proposed Part 8, to establish financial assurance to ensure that sufficient funds are available to implement and maintain the actions or controls specified in the remedial action plan. Details methods to establish financial assurance.
Enacts new GS 130A-310.73 to provide for the attainment of approved remediation standards for a site or portion of a site, by requiring the submission of a final report and request to DENR, with notice to the local government with taxing and land-use jurisdiction. Requires that DENR issue a release from further remediation at a site if the responsible person has completed remediation to the approved remediation standard and met all requirements, with certain exceptions. Requires DENR to issue a final decision regarding a request for release within 180 days after receipt of a complete final report. Failure by DENR to issue a decision within this time period may be treated as a denial. Also provides for review of DENR’s decision as provided in Article 3 of GS Chapter 150B.
Provides for compliance with other laws, the use of registered environmental consultants, and construction of Part 8.
Enacts new GS 130A-310.76 to require a person who undertakes remediation of environmental contamination under site-specific standards to pay a fee to the Inactive Hazardous Sites Cleanup Fund (Fund) in an amount equal to $4,500 for each acre or portion of an acre of contamination, with a maximum fee of $125,000, payable on submittal of the remedial action plan to DENR. Specifies uses of money from the Fund.
Reserves specified statutes for future codification.
Makes a conforming change to GS 130A-310.10(a) (regarding reporting requirements to the Joint Legislative Commission on Governmental Operations, the Environmental Review Commission, and the Fiscal Research Division). Makes technical changes.
Requires that the Secretary of Environment and Natural Resources (Secretary) make all reasonable efforts to obtain a written agreement from the United States Environmental Protection Agency that proposed Part 8, as enacted by this act, is consistent with specified federal law, as amended.
| Intro. by Gillespie, Cook, Gibson. | GS 130A |
Appropriates $1 million for 2011-12 from the General Fund to the Department of Commerce to be allocated to the Partnership for Defense Innovation to support the Defense and Security Technology Accelerator. Effective July 1, 2011.
| Intro. by Floyd, Parfitt, Lucas, Glazier. | APPROP |
Identical to H 46, filed 2/7/11.
Appropriates $1 million for 2011-12 from the General Fund to the Department of Commerce to be allocated to the Partnership for Defense Innovation to support the Defense and Security Technology Accelerator. Effective July 1, 2011.
| Intro. by Floyd, Glazier, Lucas, Parfitt. | APPROP |
Amends GS 115C-174.11 to prohibit the State Board of Education from requiring public schools to administer any standardized tests other than those required by federal law or as a condition of a federal grant and provides that the State Board of Education must provide all such required tests to local school administrative units. Eliminates a provision for the State Board to develop and implement a plan, pursuant to the content standards of GS 115C-12(9c), for high school end-of-course tests and specifies four end-of-course tests that are eliminated. Makes conforming changes. Effective July 1, 2011.
| Intro. by Holloway, Blackwell. | GS 115C |
The Daily Bulletin: 2011-02-07
Senate committee substitute makes the following changes to 1st edition. Amends GS 90-94 to place synthetic cannabinoids (SC) into Schedule VI of the Controlled Substance Act (was, under Schedule I under GS 90-89). Amends GS 90-95(b) regarding the distribution of a controlled substance as classified in Schedule III, IV, V, or VI to provide that the transfer for no remuneration of less than five grams of a, SC or any mixture containing a ,SC is not a delivery in violation of GS 90-95(a)(1).
Amends GS 90-95(d) to make possession of more than ½ ounce of a, SC or any mixture containing a, SC punishable as a Class 1 misdemeanor and to make possession of more than 1½ ounces of a, SC or any mixture containing a, SC a Class I felony.
| Intro. by Brown. |
Senate amendment #2 makes the following changes to 2nd edition. Deletes the transfer of $4.7 million from the Cap University Cancer Research Fund to the General Fund. Also amends the following transfers to the General Fund: (1) changes the $1 million transfer from the Industrial Commission from over-realized receipts to the IT Projects Fund, (2) deletes transfer from the General Assembly Reserve, and (3) deletes the transfer from the Department of Insurance Reserve. Makes conforming changes to the availability amounts and balance remaining. Adds a new section stating that effective June 30, 2011, specified amounts from the General Assembly Reserve and the Department of Insurance Reserves are reverted to the General Fund (these are the same amounts that were transferred to the General Fund in the previous edition of the bill). Provides that GS 143C-1-2(b) (concerning the reversion of unencumbered balances) does not apply to the reversion from the General Assembly Reserve. Adds a new section amending Section 14.15 of SL 2009-451 (concerning transfer from the Industrial Commission IT Fund) to provide that for the 2010-11 fiscal year, the Industrial Commission may retain all overrealized receipts (was, may retain the additional revenue generated as a result of an increase in the fee charged to parties filing compromised settlements). Also deletes the provision prohibiting the Industrial Commission from retaining any fees under the section unless they exceed the former $200 fee charged for filing a compromised settlement. Makes technical changes.
| Intro. by Stevens, Brunstetter. |
Senate committee substitute makes the following changes to 1st edition. Adds the requirement that the Joint Regulatory Reform Committee submit its final report by May 1, 2012.
| Intro. by Brown, Rouzer, Jackson |
Identical to H 27, filed 2/1/11.
Enacts new GS 114-16.1, establishing a 16-member North Carolina Forensic Science Advisory Board (Board) in the Department of Justice (DOJ). Indicates that the membership will include the State Crime Laboratory Director, and 15 specified members, appointed by the Attorney General. Details meeting, membership term, and expense requirements for the Board. Authorizes the Board to review State Crime Laboratory (Laboratory) operations and make recommendations as necessary and concerning any of the following: (1) new scientific programs, protocols, and methods of testing; (2) plans for new program implementation, and existing program maintenance, improvement, or elimination; (3) testing protocols, and examination methods and guidelines for court presentations; and (4) qualification standards for Laboratory forensic scientists. Directs the Board to, at the Laboratory Director's request, review the work of Laboratory scientists. Explains that the reviewed records retain their confidential status and are considered part of a criminal investigation. Details procedures for Board review of records, and directs the Board to recommend to the Laboratory a review process for retesting and reexamination requests.
Directs the State Bureau of Investigation (SBI) to encourage and seek collaborative opportunities and grant funds, in association with the university program or independent nationally-recognized forensic institutions, to research human observer bias and sources of human error in forensic examinations. Directs the Laboratory, in consultation with the Board, to develop standard operating procedures to minimize potential bias and sources of human error in forensic science, and to apply the procedures to all forensic analyses that may be used in litigation.
Mandates individual certification of Laboratory forensic science professionals as soon as practicable, and no later than June 1, 2012, unless inconsistent with international and ISO standards. Provides access to the certification process to all forensic science professionals.
Directs the Revisor of Statutes to replace the name of the State Bureau of Investigation or any other similar reference, with "North Carolina State Crime Laboratory."
Creates the position of ombudsman in the Laboratory within the DOJ. Directs the ombudsman to work with interested parties and the general public to ensure that Laboratory procedures and protocols are consistent with state and federal law, best forensic law practices, and in the best interests of justice. Lists additional responsibilities and reporting requirements. Makes the creation of the ombudsman position effective July 1, 2011.
Amends GS 8-58.20 (pertaining to the admissibility of forensic evidence) to require that a forensic analysis or a DNA analysis be performed by a laboratory that is accredited by an accrediting body that requires conformance to forensic specific requirements, and is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement for Testing (previously required accord with SBI or accreditation by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board). Makes a conforming change to GS 20-139.1(c2) (providing admissibility requirements for chemical analyses of blood and urine).
Amends GS 15A-903 to specify that any matter or evidence submitted for testing or examination, any results, and all other data, calculations, or writings, including, but not limited to, preliminary test or screening results and bench notes, be provided, upon motion, to the defendant. Requires that all public and private entities that obtain information related to an investigation, disclose the information to the appropriate prosecutorial agency for disclosure to the defendant. Provides that a knowing and voluntary omission or misrepresentation in connection with the statute constitutes an obstruction of justice and is punishable as provided by law. Makes technical and conforming changes.
Amends GS 114-16 to clarify that employees of the Laboratory provide services to the public and the criminal justice system (rather than the prosecuting officers of the state).
Provides that nothing in the act is intended to amend or modify the statutory or criminal law applicable to discovery in criminal cases, which was applicable before the act's effective date. Clarifies that prosecutions for offenses committed before the act's effective date are not abated or affected, and the statutes that would apply but for the act remain applicable to those prosecutions.
As title indicates.
| Intro. by Rouzer. | SENATE RES |
The Daily Bulletin: 2011-02-07
The Daily Bulletin: 2011-02-07
Amends Section 3 of SL 1893-60 as the title indicates. Effective with the organizational meeting after the 2011 regular municipal election and applies to the 2011 election.
| Intro. by Jenkins. | Martin |
Actions on Bills: 2011-02-07
H 18: RESTORE FIREARMS RIGHTS/TECH CORRECTION (NEW).
H 33: CONSULAR DOCUMENTS NOT ACCEPTABLE AS ID (NEW).
H 34: STATE'S RIGHT TO CLAIM SOVEREIGNTY.
H 35: NC MILITARY BUSINESS CENTER FUNDS
H 36: EMPLOYERS & LOCAL GOV'T MUST USE E-VERIFY (NEW).
H 39: HONOR BOY SCOUTS.
H 40: HONOR JOHN WEATHERLY.
H 41: TAX FAIRNESS IN EDUCATION.
H 42: HONOR JOHN A. GARWOOD.
H 45: ACCELERATE CLEANUP OF INDUSTRIAL PROPERTIES.
H 46: DEFENSE & SECURITY TECHN. ACCELERATOR FUNDS.
H 47: DEFENSE & SECURITY TECHN. ACCELERATOR FUNDS.
H 48: NO STANDARDIZED TESTING UNLESS REQ'D BY FEDS.
S 7: ADD CONTROLLED SUBSTANCES (NEW).
S 9: NO DISCRIMINATORY PURPOSE IN DEATH PENALTY (NEW).
S 13: BALANCED BUDGET ACT OF 2011.
S 17: JOINT REGULATORY REFORM COMMITTEE.
S 34: THE CASTLE DOCTRINE.
S 36: BAN MOBILE PHONE USE.
S 37: EMINENT DOMAIN
S 38: HONOR BOY SCOUTS
S 40: FORENSIC SCIENCES ACT
S 41: HONOR RONALD REAGAN'S 100TH ANNIVERSARY.
Actions on Bills: 2011-02-07
H 37: LEXINGTON ANNEXATIONS REPEALED.
H 38: TAX CERTIFICATION--ALAMANCE COUNTY
H 43: INCREASE PROPERTY TAX APPEALS EFFICIENCY.
S 35: ORANGE CO./NO DEER HUNTING WITH DOGS.
S 39: PARMELE TOWN BOARD SIZE.
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